U.S. Supreme Court Denies Another Injunction On Obama Qualifications

On December 15, the U.S. Supreme Court declined to issue injunctive relief in Wrotnowski v Bysiewicz, the case concering Barack Obama’s qualifications that originated in Connecticut.


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U.S. Supreme Court Denies Another Injunction On Obama Qualifications — 21 Comments

  1. (ORDER LIST: 555 U.S.)

    MONDAY, DECEMBER 15, 2008

    ORDERS IN PENDING CASES

    08A469
    WROTNOWSKI, CORT V. BYSIEWICZ, CT SEC. OF STATE

    The application for stay and/or injunction addressed

    to Justice Scalia and referred to the Court is denied.

  2. The courts are unable to affect the election’s outcome at this point because by the end of the day the electoral college will have cast and certified their votes.

  3. IF an office holder is NOT qualified, then there is the modern equivalent of the ancient Quo Warranto proceeding — by what warrant / authority does the office holder hold the office (IF he or she is NOT qualified).

  4. I’ve been forcing a refresh of the docket page for the case all morning and I’m still not seeing anything with today’s date on it. The last item listed is “Dec 9 2008 Supplemental brief of applicant Cort Wrotnowski filed. (Distributed)”.

  5. FYI: As a followup to the filing of a challenge to President-elect Obama’s votes in Washington state, the state Supreme Court has set an “en banc” conference for Jan. 8. This means all of the justices participate in deciding whether to take the case, not just a department (half the court) or, as more usual, just the court commissioner. The challengers, James Broi and 12 others, are represented by Bellevue attorney Stephen Pidgeon, (425) 605-4774. They challenge the qualifications of Senator Obama to serve as president, saying he was Kenya-born and was not ”natural born” as a U.S. citizen. Similar legal challenges have arisen in a few other states, none upheld, and the U.S. Supreme Court on Monday turned down an emergency appeal from a New Jersey man. Washington’s secretary of state and the voters are represented by Jeff Even, deputy solicitor general. The state has until Dec. 19 to reply to the court papers from challengers, who want an order setting aside Obama’s Washington state votes. That is four days after the Electoral College meets in Olympia (at noon on the 15th in the state Reception Room in the Capitol), presumably casting the state’s 11 electoral votes for the senator. Obama carried Washington by more than 17 percentage points

  6. SCOTUS has now prevented itself from acknowleding the question whether Obama is or is not a “natural born citizen” (as distinguished from “citizen”) three times and counting: First before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors. Other cases on the same question are at, or are heading to, SCOTUS. Whether SCOTUS ultimately decides if Obama is or is not a “natural born citizen” only after the Electors vote, only after Congress acts on the Electors’ vote, prior to Obama’s inauguration, or only after Obama’s inauguration, SCOTUS will have to decide — or the people and/or the military will. The issue no longer is Obama. The issue is SCOTUS.

  7. The SCOTUS is NOT the problem. It’s only a symptom. The problem is the Congress. You can’t vote these people out of office. What does that say about your citizenship? You voters are the aliens now. Your ballots have no representative effect. You are but mere cheerleaders for your respective teams and the teams have rigged the game so that it doesn’t really matter which team “loses” or “wins” the game does not end. The score board says: Govenment:100 People: 0!

  8. reposted:

    the US State Dept says Homeland Security Dept now has the travel records for Obama’s mom circa 1961.

  9. # 8 About 15 U.S. gerrymander Reps. and about 5 U.S. gerrymander Senators got voted OUT of office in Nov. 2008.

    Never say / write never.

    Once upon a time getting rid of divine right of kings and slavery was thought impossible.

    REAL Democracy now via 100 percent proportional representation — before it is too late.

  10. The issue is whether or not the courts want to become a party, if you will, to crackpot conspiracy theorists, possible racist ones at that, from people who are suddenly, after the election, are worried about eligibility.

  11. THE TERM ‘NATURAL BORN’ is not defined in the
    constitution.
    The Constitution was written by a bunch of guys
    who believed that MY people (caucasians) were
    superior. WE are not in 1800’s. For God Sake we are in 2008.
    Fellow republicans, time has changed, adapt or die.
    By 2050, this country will be predominantly hispanic, so get used to. From 2050 Future presidents will not be be of caucasian origins.
    AS To OBAMA, all lawsuits will fail because

    1. OBAMA birth place:
    http://wikileaks.org/wiki/Obama_1961_birth_announcement_from_Honolulu_Advertiser

    2. I was there 6 months ago, and talked to neighbours
    who witnessed the new baby coming ( August 1961) and gave gifts to the the young mother Ann Duhnam and baby obama.
    http://wikileaks.org/wiki/Obama_1961_birth_announcement_from_Honolulu_Advertiser

    3. THE TERM ‘NATURAL BORN IS NOT DEFINED IN THE CONSTITUTION (read constitution http://www.supremecourtus.gov/) Do not rely on some private interpretations (philip berg, Worotknowski) of the term ‘NATURAL BORN’. My own interpretation is spelled out in my previous contributions.

    4. CONSTITUTION WAS WRITTEN BY A BUNCH OF RACISTS
    WHO BELIEVED THAT MY KIND (CAUCASIANS) were SUPERIOR race. SO IT WILL BE hubsurd to uphold stupid claims.

  12. Republican administration asked for 750 billions dollars to save the US financial system, which drives our economy. IS Bush administration liberal ?
    What are you talking about ?

    I am 95 years white man from georgia.
    Did you know that
    Thomas Jefferson, Andrew Jackson, Abraham Lincoln, Warren Harding and Calvin Coolidge — had black ancestors. Nobody questioned their birth certificate because their skin was whiter.
    Think about it. Most of people are hiding behind
    OBAMA birth certificate to claim that he is not fit to be president.
    OBAMA was born here:
    http://wikileaks.org/wiki/Obama_1961_birth_announcement_from_Honolulu_Advertiser.
    CONSTITUTION WAS WRITTEN BY SLAVE OWNERS.
    THIS is 21St century.

  13. It has nothing to do with being a racist or whatever anyone wants to label us. The issue at hand is whether the constitution is the law of the land or not. It should be more than obvious to any thinking person that Obama is dodging the challenges because he isn’t legally qualified. If he wanted to be president this badly he should have worked to change the constitution and then run. How can anyone feel good about having a president who follows the constitution when it suits his agenda? And what does it say about this country when citizens have no legal right to challenge our elected officials? It is a very slippery slope and we are well on our way down.

  14. Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II “natural born citizen” based on the Kenyan/British citizenship of Barack Obama’s father at the time of his birth (irrespective of whether Barack Obama is deemed a “citizen” born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to “support and defend the Constitution of the United States” as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II “natural born citizen”.

  15. Ted: What are you talking about? There is well-established procedure for any federal employee who feels he is unable to execute any presidential policy, whether because he disagrees with the policy or because he sees the president as illegitimate-it’s called a letter of resignation. But to be honest, I don’t know of a single federal employee who is unwilling to serve under President Obama and I doubt you do either. Most seem to be eagerly awaiting his taking office.

    Now I want you to tell me how Barack Obama’s father being Kenyan makes him less legitimate as a president then someone who acquired the office through the machinations of his brother, his brother’s mistress and 5 judges appointed by his father or his father’s running mate.

  16. Um, when you start accusing the first African American president elect of being a, possibly illegal, immigrant from Kenya and a secret Muslim terrorist, etc…yeah, that is pretty racist bs.

    This will not prevent the president elect from serving, but it will probably make the Obama Administration hostile to any sort of electoral reforms that might help non-major parties.

    Please do thank the CP and the AIP for screwing every proponent of free and fair elections. If they were really concerned about his eligibility, then they would have brought it up during the election, for both candidates, and had it backed by a coalition a bit more diverse then the far-right wing.

  17. !DISREGARD ALL POSTS BY THE FAKE MR. REALITY!

    George W. Bush is a proven natural born citzen.
    Barach Obama may be but has not proven that yet.

  18. Ted posted that message all over the Internet. It’s just another example of trying to create a crisis that doesn’t really exist.

    It would be a real shame if this smear campaign got any traction outside the Internet. The Vince Foster suicide (et al.) bunch did it to Clinton, the Swift Boaters did it to Kerry and now the Obama Citizenship Deniers are trying to do it to Barack Obama.

    Some if it is racist, and some of it is radical antiabortionists, some of it is homophobes, some of is is the gun nuts, some is partisan Republican dirty tricksters and some is just rich people who want to hold on to their low tax rates. H

    Despite the DISinformation labeled “everybody knows”, Obama presented legal proof of his citizenship back in June. Anybody that says otherwise is misinformed or a liar.

    My, didn’t I get a bit huffy there!

    All this is discussed on obamaconspiracy.org, a web site that takes apart the conspiracy theorists (and has the same comment from Ted above).

  19. Kevin, it doesn’t matter at all if Obama already did, or were, to provide legal, or whatever, proof that he was born in Hawaii. It doesn’t matter if he was born on the steps of the US Capitol. The issue is that Obama states on his own website that his father was a Kenyan/British citizen when he, Obama, was born.

    Therefore, Barack Obama can not lawfully be the President of the United States.

    See Article II of the United States Constitution.

    Case closed.

  20. And, Kevin, there IS a distinction and difference between “natural born citizen” under Article II and “citizen” as under the 14th Amendment.

    This poster is NOT saying that Obama is not fully a “citizen” of the United States, just that Obama is NOT a “natural born citizen” — which is a constitutionally unique prerequisite to become President and Commander in Chief.

    Why do you think there were writings and discussions prior to Obama’s election urging that the Constitution be Amended changing Article II? Unfortunately (or fortunately — you take your pick), the Constitution has NOT been amended in that regard.

    The Supreme Court has not (and under the air tight weight of authority shown by Mr. Leo Donofrio of New Jerssy, can not) issue a decision that Obama is an Article II “natural born citizen”. Granted, the Supreme Court has thus far not issued a stay or injunction regarding the election — and that is, or will become, the problem needing resolution prior to inauguration.

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